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DUI Manslaughter Sentence

| Trevor R. Hill
Glass of Alcohol near a Gavel on a Desk

DUI manslaughter, also known as vehicular manslaughter or vehicular homicide, is one of the most severe charges a driver can face in Arizona. This offense occurs when a driver, under the influence of alcohol or drugs, causes the death of another person, whether that person is a passenger, another motorist, or a pedestrian. 

At the Law Office of Trevor Hill, our attorney have deep knowledge of Arizona DUI manslaughter laws and how the courts determine sentencing for DUI manslaughter. To get the most potent defense for DUI manslaughter, schedule your free case evaluation with our lawyer and visit us online to learn more about us.

Legal Definition of DUI Manslaughter in Arizona

Under Arizona law, DUI manslaughter is typically prosecuted under the state’s vehicular manslaughter statute, which falls under Arizona Revised Statutes (A.R.S.) § 13-1103. Manslaughter is defined as recklessly causing the death of another person, and driving under the influence of alcohol or drugs can be considered reckless behavior.

For a DUI manslaughter charge, the prosecution must prove that:

  1. The defendant was driving under the influence of alcohol or drugs.
  2. The defendant’s intoxication directly caused the death of another person.
  3. The defendant’s actions were reckless, meaning they were aware of and consciously disregarded a substantial and unjustifiable risk.

Classification of DUI Manslaughter

In Arizona, DUI manslaughter is classified as a Class 2 felony, one of the most serious felony categories in the state. This classification reflects the severe nature of the crime, making the legal consequences of DUI manslaughter particularly harsh.

Sentencing Guidelines and DUI Manslaughter Penalties in Arizona

The sentencing for DUI manslaughter in Arizona is influenced by several factors, including whether the offense is considered a dangerous felony, the defendant’s prior criminal history, and whether there are any aggravating or mitigating circumstances.

Dangerous Felony Classification

In Arizona, DUI manslaughter is typically classified as a dangerous felony due to the inherently reckless and lethal nature of driving under the influence. When a DUI accident manslaughter offense is labeled as a hazardous felony, it significantly impacts the sentencing, leading to much harsher penalties. Reasons for classifying DUI manslaughter as a dangerous felony in Arizona include: 

  • Involvement of a Deadly Weapon: Under Arizona law, a vehicle can be considered a deadly weapon when it is used in a manner that can cause severe injury or death. This is a critical factor in why DUI manslaughter is frequently classified as a dangerous felony.
  • Use of Physical Force: The act of driving while intoxicated, mainly when it results in a fatal accident, involves a level of physical force that is considered reckless and dangerous. The courts view this careless disregard for the safety of others as justifying the dangerous felony designation.

Sentencing Guidelines for a Dangerous Class 2 Felony

  • Presumptive Sentence: The presumptive sentence for a dangerous Class 2 felony, which serves as the standard sentence without the presence of aggravating or mitigating factors, is 10.5 years in prison. 
  • Minimum Sentence: The minimum sentence that a court can impose for a dangerous Class 2 felony is 7 years. This is the least amount of time a defendant can serve in prison according to the mandatory minimum sentencing laws in Arizona if the court finds mitigating circumstances.
  • Maximum Sentence: The maximum sentence for a dangerous Class 2 felony is 21 years. This sentence is reserved for cases where there are significant aggravating factors, such as previous DUI convictions or extreme recklessness (e.g., excessively high speeds or fleeing the scene).

Non-Dangerous Felony Classification

In rare instances, DUI manslaughter may be classified as a non-dangerous felony. This designation is less common because the nature of DUI manslaughter typically involves actions that are considered dangerous. Circumstances where DUI manslaughter may be classified as non-dangerous in Arizona include:  

  • Lack of Aggravating Factors: If the case lacks significant aggravating factors—such as the absence of prior criminal history, lower levels of intoxication, or circumstances where the defendant’s actions were less overtly reckless—the court might consider the offense non-dangerous.
  • Legal Arguments and Defense Strategies: Skilled defense attorney may argue that the circumstances of the case and the driver’s actions do not warrant a dangerous felony classification, thus persuading the court to treat the offense as non-dangerous.

Sentencing Guidelines for a Non-Dangerous Class 2 Felony

  • Presumptive Sentence: The presumptive sentence for a non-dangerous Class 2 felony is 5 years in prison. This is the baseline sentence, reflecting a standard level of guilt for this criminal severe offense without additional aggravating or mitigating circumstances.
  • Minimum Sentence: The mandatory minimum sentence for a non-dangerous Class 2 felony is 4 years. Courts may impose this sentence when there are mitigating factors that justify a reduction, such as a clean criminal record, evidence of good character, or the defendant’s role in the community.
  • Maximum Sentence: The maximum sentence for a non-dangerous Class 2 felony is 10 years. This higher sentence may be imposed if there are aggravating factors that, while not enough to classify the offense as dangerous, still warrant a harsher penalty than the presumptive sentence.

DUI Manslaughter Penalties Beyond Imprisonment

In addition to imprisonment, a DUI manslaughter conviction in Arizona carries several other severe penalties, including:

  • Fines and Restitution
  • Driver’s License Revocation (typically 3 years or more)
  • Probation
  • Mandatory Alcohol Education and Treatment
  • Permanent Criminal Record
  • Impact on Immigration Status (including deportation)
Photo of a Man Drinking Alcohol in Car

Aggravating and Mitigating Factors in Sentencing

Aggravating Factors 

These can increase the severity of the DUI manslaughter sentencing and may include factors such as excessive speeding, having an exceptionally high blood alcohol concentration (BAC), prior DUI conviction, causing death to more than one person, or the presence of minors in the vehicle at the time of the offense. Aggravating factors can push the sentence toward the maximum allowable term.

Mitigating Factors 

These may reduce the sentence and can include the defendant’s lack of prior criminal history and no prior DUI convictions, evidence of remorse, cooperation with law enforcement, or the presence of extraordinary personal circumstances. Mitigating factors may lead to a sentence closer to the minimum term.

The Legal Process: Arrest to Sentencing

  • Arrest and Booking: After a DUI-related incident, the defendant is arrested and taken to the police station for booking, which includes fingerprinting, photographing, and recording personal information.
  • Initial Appearance: The defendant appears before a judge within 24 hours of the arrest, where the charges are formally read and bail is set. The judge also informs the defendant of their rights.
  • Arraignment: The defendant enters a plea (guilty, not guilty, or no contest) to the charges. If a not-guilty plea is entered, the case proceeds to pretrial motions and discovery.
  • Pretrial Motions and Hearings: Both the defense and prosecution may file motions, such as to suppress evidence or dismiss charges. Hearings may be held to resolve these motions before trial.
  • Discovery: Both sides exchange evidence, witness lists, and other relevant information. The defense may gather additional evidence, conduct investigations, and prepare their case.
  • Plea Bargaining: The defense and prosecution may negotiate a plea deal, where the defendant pleads guilty to a lesser charge in exchange for a reduced sentence, avoiding a trial.
  • Trial: If no plea deal is reached, the case goes to trial. The prosecution presents evidence and witnesses to prove the defendant’s guilt beyond a reasonable doubt, while the defense counters these claims.
  • Verdict: After both sides have presented their cases, the judge or jury delivers a verdict of guilty or not guilty. If guilty, the case proceeds to sentencing.
  • Sentencing: The judge imposes a sentence based on Arizona’s sentencing guidelines, considering factors like the severity of the offense, any aggravating or mitigating circumstances, and the defendant’s criminal history.
  • Appeal: If the defendant believes there was a legal error during the trial, they may file an appeal to a higher court, seeking to overturn the conviction or reduce the sentence.

Potential Defenses and Legal Strategies Our Tucson DUI Manslaughter attorney Will Use 

At the Law Office of Trevor Hill, our skilled and resourceful DUI lawyer Tucson, is committed to providing a vigorous defense to protect your rights and freedom. Here are some potential defenses and legal strategies we may employ to defend you in a DUI manslaughter case.

Challenging the Legality of the Traffic Stop

One of the first areas we examine is whether the traffic stop that led to your arrest was lawful. Law enforcement officers must have a valid reason, such as a traffic violation or reasonable suspicion of criminal activity, to pull you over. If we can demonstrate that the traffic stop was not legally justified, any evidence gathered during the stop, including BAC test results, may be deemed inadmissible in court.

Questioning the Accuracy and Validity of BAC Testing

Breathalyzers and blood tests are often used to determine a defendant’s blood alcohol concentration (BAC). However, these tests are not infallible and can be subject to errors. We may challenge the accuracy of these tests by examining factors such as improper calibration of the breathalyzer, mishandling of blood samples, or medical conditions (like GERD) that could skew the results. In addition, if there were procedural errors, such as failing to observe the defendant for a required period before testing, the BAC results might be challenged.

Proving Lack of Causation

In DUI manslaughter cases, the prosecution must prove that the defendant’s intoxication was the direct cause of the fatal accident. We may investigate the circumstances of the crash to determine if other factors, such as the actions of the other driver, road conditions, or vehicle malfunctions, contributed to the accident. If we can show that the accident would have occurred regardless of the defendant’s BAC, the prosecution’s case may be significantly weakened.

Contesting the Identification of the Driver

In some DUI manslaughter cases of gross negligence, it may not be clear who was driving the vehicle at the time of the accident, especially in multi-passenger scenarios. We may challenge the prosecution’s ability to prove beyond a reasonable doubt that you were the driver. This could involve questioning eyewitness testimony, examining forensic evidence, or presenting alternative explanations.

Establishing Procedural Violations

Law enforcement must follow strict protocols during DUI investigations and arrests. Any violations of these procedures, such as failure to read your Miranda rights, unlawful searches, or coercive interrogation techniques, can be grounds for challenging the admissibility of evidence. Our attorney will critically review the actions of the police to identify any procedural missteps that could be used to your advantage.

Arguing for Mitigating Circumstances

If a conviction seems likely, we may focus on presenting mitigating circumstances to the court to argue for a more lenient sentence. This could include evidence of your clean criminal record, your remorse for the incident, your efforts to seek substance abuse treatment or the presence of extraordinary personal circumstances. Our goal in these cases is to persuade the court to impose the minimum possible sentence.

Presenting Character Witnesses and Evidence of Good Conduct

Character witnesses who can testify to your good character, responsible behavior, and positive contributions to the community can be helpful in shaping the court’s perception of you. We may also present evidence of your involvement in charitable activities, stable employment, or family responsibilities to humanize you and argue for leniency.

Negotiating a Plea Deal

In some cases, negotiating a plea deal with the prosecution may be in your best interest, mainly if the evidence of gross vehicular manslaughter while intoxicated is strong against you. Our attorney are skilled negotiators who will work to secure the most favorable terms possible, such as reduced DUI manslaughter charges or a lesser sentence. A plea deal may also spare you the uncertainty and stress of a trial.

Get Our Proven Tucson DUI Manslaughter Defense lawyer on Your Side

At the Law Office of Trevor Hill, we understand the devastating impact that a DUI manslaughter charge can have on your life. Our experienced criminal defense attorney will mount the strongest possible and most strategic defense according to the unique circumstances of your case. Whether through challenging evidence, negotiating plea deals, or presenting mitigating factors, we will fight to achieve the best possible outcome for you. To schedule your free consultation, call us at 520-231-2814 or contact us online.

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